Sagar (consultant) 15 January 2013

Bachelor tenants not allowed rule formed by society in gbm

Respected Sir,

I own flat in Sukhwani Campus co op housing society ltd situated at Vallabhnagar,Pimpri, Pune recently the society has called a General Body meeting and below Resoultion passed about Bachelor tenant

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Bachelor Tenant: It is observed that bachelors sharing flat on rent cause nuisance for residing

families while paying premium rent to owners. In order to have trouble free and peaceful co-existence

of society members and tenants in society; bachelor tenants are not allowed in society. Society

encourages family members as tenant in our premises.

Incase bachelor is a relative of the owner recognized by society, in such cases, No objection certificate

should be taken from Chairman / Secretary of society.

In case bachelor is engaged and getting married in less than 3 months of occupation date such written

affidavit should be submitted to Chairman / Secretary on a Rs. 100 court stamp paper.

For existing bachelor tenants, member should terminate there contracts as per termination clause of

their contract with tenant. Similarly, should submit a written affidavit on Rs. 100 court stamp paper for

getting the flat vacated.

It is debated and agreed that Bachelors with PG programs are also not allowed.

We reiterated the responsibility of member, Not to do any act contrary to the interest of the

society.

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Now the Committee member has decided to vacate all bachelor tenants from the society. Sir would like to know whether the co op housing society can decide the tenant to whom the member should let out the flat or the management committee will decide ? Kindly suggest me for the same my second question is can Co-op hsg society bar the member? An Even management committee has restricted (my) tenant entry to common amenities i.e. Club house, gardened,GYM,etc.

i have already done leave and license agreement + police verification of my tenant.

Committee members are saying we have taken decision based on day to day news we are hearing in news paper and to avoid the same proactively we are taking steps towards the same.

Please suggest me what to do? Do they have rights to define rule or pass resolution like above? If not then please guide me whom should I approach or how do I tell them that this is invalid rule And where should I go to lodge the complaint against them.

Regards

Sagar

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4 Replies

David Baker (advocate) 16 January 2013

A Society can frame bye-laws. Barring bachelors from residing in Co-op societies is normally done so as to ensure that the said bachelors do not create nuisance in the said residence. Many Co-op socieites have opted to ban bachelors from occupying flats. Times have changed. With the recent spate of crimes, many societies have opted to ban bachelors tenants. It has also been noted that bachelors invite a lot of outsiders within the premises and cause a lot of nuisance within the premises.

(Guest)

@Querist,

If any bye-laws of any society put such restriction on such basis,I still see ray of hope in your case. File a writ-petition under Art.(226)of COI stating about violation of Art.(19) of COI that you have been denied a dignified life.Take the help of a lawyer who is at home in constitutional laws and an excellent presenter as well.

Point to be noted - If you really want to retain the high chances of winning your side,don't avoid the advice given to you about lawyer skills.

That's all I can say you.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

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